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Patna High Court

Krishna PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent cases and compliance with the conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Krishna Paswan, sought anticipatory bail in a case registered as Pakridayal P.S. Case No. 153 of 2025 under Section 30(a) of the Bihar Prohibition and Excise Act, alleging recovery of 123.75 litres of liquor from a vehicle. He argued that he was not caught in possession, the vehicle was not his, and the only evidence was a confessional statement made in police custody, which he claimed lacked evidentiary value, especially after the 2018 amendment that removed the concepts of deemed possession and presumed offender. The State opposed the bail. The Court allowed a rectification of the case number and, considering the submissions, granted provisional anticipatory bail on condition of a Rs.5,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedent. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent case is found, the bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the confessional statement made in police custody can form the basis for arrest in the absence of seized possession.
  • Whether the 2018 amendment removing deemed possession and presumed offender affects the bail application.
  • Whether the petitioner’s criminal antecedent should condition the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • Bihar Prohibition and Excise Act
  • confessional statement
  • criminal antecedent
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22273 of 2026
                 Arising Out of PS. Case No.-153 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Krishna Paswan S/o Shubhnarayan Pasawan R/o Village - Sishani, P.S -
                 Pakridayal, District - East Champaran, Motihari

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sumit Kumar Gupta
                 For the Opposite Party/s :       Mr. Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Learned counsel for the petitioner, at the outset,

                   seeks permission to make rectification with regard to P.S. Case

                   Case at paragraph-4 of the bail petition. It is submitted that

                   inadvertently Pakridayal P.S. Case No. 507 of 2025 has been

                   recorded when the P.S. Case No. is Pakridayal P.S. Case No.

                   153 of 2025.

                                3. Permission is accorded.

                                4. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                5. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and
Patna High Court CR. MISC. No.22273 of 2026(2) dt.08-04-2026
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          allegation is of recovery of 123.75 liters of liquor from a car.

                       6. Learned counsel for the petitioner submits that the

          petitioner was not apprehended from the spot as such nothing

          was recovered from his conscious possession and he is not

          owner of the seized vehicle and he came to be implicated based

          on confessional statement of Nanhat in police custody which

          does not have any evidentiary value, it is further submitted that

          after amendment in the Excise Act in the year 2018, the concept

          of deemed possession and presumed offender has been done

          away with.

                       7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       8. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Trial Court where the case is pending/successor

          court in connection with Pakridayal P.S. Case No. 153 of 2025

          subject to the conditions as laid down under Section 482 (2) of

          the BNSS.
           Patna High Court CR. MISC. No.22273 of 2026(2) dt.08-04-2026
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                                  9. It is made clear that thereafter the learned Trial

                     Court shall verify the criminal antecedent of the petitioner and

                     in the event if it is found that petitioner has antecedent of more

                     than one case then it would be presumed that petitioner, for the

                     purposes of seeking anticipatory bail, had concealed his

                     antecedent before this Court, as such, the provisional

                     anticipatory bail order shall not be confirmed, but after

                     verification if it is found that petitioner has antecedent of one

                     case only, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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